An unprovoked dog attack could put the dog and its owner behind bars, if a new House bill is passed in Mississippi. It would require that dog owners properly restrain any animal they think might be a problem.

Cathy Kelly's husband, Allen, was attacked two years ago riding his bike just blocks from his home. Kelly said the two pit bulls could have attacked anyone.

"If it had been someone who was elderly or less in shape than he was, or a child, we would have been going to a funeral, no doubt," said Kelly.
"I'm glad it was him instead of a child."

Hinds County developed a tougher vicious animal law after the attack. Now they hope to take it statewide.

"I would like to see the one-bite law dismissed," said Kelly.

House Bill 1364 increases fines and jail time against owners of vicious animals who attack people unprovoked. But for Rep. Jim Ellington of Jackson, who authored the bill, it will rely on the public.

"We would think the general public would help police and report that, so you don't have the animal control people just out, 'I'm going looking for dogs today'; that wouldn't happen," said Ellington.

But what the bill does do is give more authority to law enforcement. Officers will be allowed to shoot an animal if it is not properly confined, has no collar or vaccination tags, cannot be peacefully captured and law enforcement fears for their own or the public's safety.

Ellington said he doesn't see a dog being put down because of a one- bite scenario, but Kelly says the situation should dictate what happens to the animals.

"They about killed Mr. Kelly," she said. "If it been a child, of course, or really an elderly person, it would have killed them. So sometimes one bite is one bite too many."

Kelly said her husband still suffers from a dislocated shoulder that will eventually need surgery. She also encourages everyone to call their state legislators to increase the chance of the bill becoming law.